header-logo header-logo

26 November 2021 / Hannah Gumbrill-Ward
Issue: 7958 / Categories: Features , Family , ADR , Arbitration
printer mail-detail

Arbitration in family cases: another way

Hannah Gumbrill-Ward shares the pros & cons of the use of arbitration in family proceedings
  • The time for arbitration to play a bigger role in family proceedings has come.

Family practitioners (and their clients) are all too aware of the current crisis in the family court. At the Jersey International Family Law Conference last month, President of the Family Division, Sir Andrew McFarlane, concluded his speech by acknowledging that ‘the Family Court is not currently in a good place’ adding that ‘the substantial backlog that existed before the pandemic has now grown very substantially’. The 14% increase in the number of new cases started in the family court during the second quarter of this year, following a 7% rise in the first quarter, has done nothing to help alleviate this substantial backlog.

As well as those directly involved in family proceedings, the crisis has also attracted the attention of the Lord Chancellor, who is apparently now drawing up plans to impose penalties on parents deemed to be ‘clogging up’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll